2015 Judge Winfield - Opinions

Judge Novalyn L. Winfield -- Opinions signed in 2015

In re Blanche Zwerdling Revocable Living Trust, Case No. 15-12920 6/11/2015

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Court determines self-settled revocable living trust did not meet the definition of “person” pursuant to 11 U.S.C. § 101(41) and therefore is ineligible for bankruptcy relief under 11 U.S.C. § 109.  Court would not consider the trust a “business trust” despite argument that the trust “changed in character” following testator’s death where there was no evidence of a meaningful change and no case law to support the argument.